FILE NO. 230596
AMENDED IN COMMITTEE
12/2/2024
ORDINANCE NO. 292-24
[Planning Code - Conditional Use Minimum Densities for Residential Projects in RM, RC, and
RTO Districts]
Ordinance amending the Planning Code to require oonditional use authorization for
residential housing developments that do not maximize minimum residential density,
as defined, in Residential-Mixed (RM), Residential Commercial (RC), and Residential
Transit Oriented (RTO) Districts except for Residential-Transit Oriented - Mixed
Mission (RTO-M) Districts; affirming the Planning Department's determination under
the California Environmental Quality Act;-aAd making findings of consistency with the
General Plan and the eight priority policies of Planning Code Section 101.1. and making
findings of public necessity. convenience. and welfare pursuant to Planning Code.
Section 302.
NOTE:
Unchanged Code text and uncodified text are in plain Arial font.
Additions to Codes are in single-underline italics Times New Roman font.
Deletions to Codes are in strikethrough iff:l:lics Til'nes }lcw Roman font.
Board amendment additions are in d
•
•
Board amendment deletions are in SH-i~~i:H:ff:Jf-hl-\+ti:iH-Httt.
Asterisks (* * * *) indicate the omission of unchanged Code
subsections or parts of tables.
Be it ordained by the People of the City and County of San Francisco:
Section 1. Environmental and Planning Code Findings.
(a) The Planning Department has determined that the actions contemplated in this
ordinance comply with the California Environmental Quality Act (California Public Resources
Code Sections 21000 et seq.). Said determination is on file with the Clerk of the Board of
Supervisors in File No. 230596 and is incorporated herein by reference. The Board affirms
this determination.
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BOARD OF SUPERVISORS
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(b) On July 20, 2023, the Planning Commission, in Resolution No. 21364, adopted
findings that the actions contemplated in this ordinance are consistent, on balance, with the
City's General Plan and eight priority policies of Planning Code Section 101.1. The Board
adopts these findings as its own. A copy of said Resolution is on file with the Clerk of the
Board of Supervisors in File No. 230596, and is incorporated herein by reference.
(c) Pursuant to Planning Code Section 302, the Board of Supervisors find that this
ordinance will serve the public necessity, convenience, and welfare for the reasons set forth in
Planning Commission Resolution No. 21364, and incorporates such reasons by this reference
thereto. A copy of said resolution is on file with the Clerk of the Board of Supervisors in File
No. 230596.
Section 2. General Findings.
(a) In recent decades, the rate of housing production in San Francisco has failed to
keep pace with the growing demand for housing in the City and in the broader Bay Area. As a
result, housing is unaffordable to many City residents, and there have been waves of evictions
and displacement, largely to the detriment of long-term residents and lower-income
communities.
(b) Policymakers at the City and state level have sought to increase housing density
both in San Francisco and across the state. For example, San Francisco's Citywide
Accessory Dwelling Unit Program, which applies to existing structures and new construction,
allows for the increased densification of residential and mixed-use neighborhoods and zoning
districts. Section 207(c)(8) of the Planning Code, enacted in 2022, increased density to allow
four units, or six units on corner lots, in Residential-Housing (RH) zones in certain
circumstances. And California Government Code Sections 65852.21 and 664117 require
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ministerial approval of two units in single-family zoning districts and lot splits in single-family
districts, respectively.
(c) While significant emphasis has been placed on increasing the capacity for
increased housing density in residential and mixed-use zoning districts, and to remove various
substantive and procedural restrictions on the construction of affordable housing in particular,
comparatively little emphasis has been placed on setting density minimums and prohibiting
the creating disincentives for construction of low-density projects in zoning districts that allow
for greater density.
(d) The construction of large residences and low-density buildings in areas that are
zoned for greater density and that tend to be characterized by higher density, more affordable,
and rent-stabilized housing, is indicative of a market preference for demonstrably unaffordable
housing.
(e) The construction of large residences and low-density buildings in zoning districts
that permit greater capacity for housing density, such as Residential-Commercial (RC),
Residential - Mixed (RM), and Residential - Transit Oriented (RTO) districts, is at the expense
of opportunities for more units, and more affordable housing, and frequently results in the loss
or conversion of housing protected by rent stabilization provisions of the San Francisco Rent
Ordinance.
(f) Objective 4B of San Francisco's 2022 Housing Element is to "expand small and
mid-rise multi-family housing production to serve our workforce, prioritizing middle-income
households."
(g) The~ October 2024 Housing Balance Report, produced by the Planning
Department pursuant to Section 103 of the Planning Code, indicates that for the period from
2010 Quarter 1 to 2019 Quarter 4 2013 Quarter 1 to 2024 Quarter 2, +-;-0&1-10.153 units of net
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new affordable housing have been built in San Francisco while~ 2,722 units have been
removed from protected status, a ratio of just~ 3.73 units built for every 1 unit lost.
(h) The loss of affordable and rent controlled housing is driven in part by the
demolition, merger, and conversion of such housing, and its replacement with market rate
housing and large single-family homes in zoning districts that permit increased capacity for
housing density.
(i) To address the loss of affordable and rent controlled housing and the construction
of large single-family homes in zoning districts that allow greater density, in January 2021, the
Board of Supervisors adopted interim controls to require projects that did not maximize the
number of units on a lot to seek conditional use authorization. The Planning Department
issued a report studying the interim controls and recommended permanent legislation to
address the issues posed by large residential developments that do not maximize the
allowable density. The Board has reviewed and considered the Planning Department report,
and proposes the controls as set forth in this ordinance.
U) This ordinance will facilitate and encourage the development of multi-family housing
in zoning RM, RC, and RTO districts. By incentivizing requiring the creation of mefe the
maximum number of units on a parcel, the cost per unit of housing will be reduced. Similarly,
the ordinance will preserve and facilitate the construction of housing for moderate- and lower-
income households by requiring the preservation of existing units unless the minimum number
of units on a subject lot will be constructed. incentivizing the creation of additional units on a
subject lot. Units in multi-family housing are generally lower in price per square foot than units
in a comparably sized single-family home. Therefore, by creating more multi-family units,
rather than large single-family homes in areas where multi-family tl-R+ts buildings are allowed,
the price per square foot of each unit will be lower and more affordable to lower;;;and
moderate;;;income households.
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(k} Likewise, as density increases, per capita water and energy use, stormwater runoff,
and air pollutant and greenhouse gas emissions are reduced. In addition, multi-modal travel
becomes more feasible, improving choices for non-drivers, as well as cost savings for
households. Finally, dense residential development lowers per capita infrastructure capital
and operating costs, and increases tax revenue per acre.
Section 3. Articles l ~
of the Planning Code is are hereby amended by revising
Sections 209.2, 209.3, and 209.4, and 303, to read as follows:
SEC. 209.2. RM (RESIDENTIAL, MIXED) DISTRICTS.
* * * *
Table 209.2
ZONING CONTROL TABLE FOR RM DISTRICTS
Zoning
§ References RM-1
Category
*
*
*
*
RESIDENTIAL STANDARDS AND USES
Residential Uses
Residential
§ 207
Density,
Dwelling
Units (7)
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P if3 units
per lot or up
le at least
one unit per
800 1067
square feet
RM-2
RM-3
RM-4
P if3 units
P i[3 units
P if 3 units per
per lot or up
per lot or up
lot or ttp-te at
le at least
le at least
least one unit
one unit per
one unit per
per~ 267
W0800
400 533
square feet of
square feet
square feet
lot area,.
Page 5
of lot area,_
of lot area,_
of lot area,_
whichever is
whichever is
whichever is
whichever is
greater. Total
greater.
greater.
greater. Total
maximum
Total
Total
maximum
permitted
maximum
maximum
permitted
density is one
.
permitted
permitted
density is
unit per 200
density is
density is
one unit per
square feet of
one unit per
one unit per 400 square
lot area. (8)Jl.ll
800 square
600 square
feet of lot
feet of lot
feet of lot
area {lll
area. on
area. {111
* * * *
* * * *
* * * *
* * * *
* * * *
* * * *
* * * *
{lJj_C per Section 303(cc) if the residential building does not maximize principally
permitted density, while meeting minimum unit size requirements set forth in Section
415.6(f)(2), except as set forth in section 303(cc)(1 ). NP if less than minimum density as set
forth in the table. Expansions of existing single-family residential buildings may not exceed
more than 25% of Gross Floor Area over 10 years, or result in a building over 3,000 square
feet. In new construction, no unit may be smaller than one-third the Gross Floor Area of the
largest unit in the building.
SEC. 209.3. RC (RESIDENTIAL-COMMERCIAL) DISTRICTS.
* * * *
Table 209.3
ZONING CONTROL TABLE FOR RESIDENTIAL-COMMERCIAL DISTRICTS
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Zoning
§ References
RC-3
RC-4
Category
*
*
*
*
RESIDENTIAL STANDARDS AND USES
Development Standards
Residential
§207
P if3 units per lot or
P if 3 units per lot or -up-te
Density, Dwelling
-up-teat least one unit
at least one unit per 2-00
Units (7), {111
per 400-533 square
267 square feet of lot
feet of lot area,.
area, whichever is greater.
whichever is greater.
Total maximum permitted
Total maximum
density is one unit per 200
permitted density is
square feet of lot area. No
one unit per 400
density limits in the Van
square feet of lot
Ness SUD (§243). (8)J111
area. 031
* * * *
* * * *
(l}J_C per Section 303(cc) if the residential building does not maximize principally
permitted residential density, 1.vhile meeting minimum unit size requirements set forth in
Section 415.6(f)(2), except as set forth in section 303(cc)(1 ). NP if less than minimum density
as set forth in the table. Expansions of existing single-family residential buildings may not
exceed more than 25% of Gross Floor Area over 10 years, or result in a building over 3,000
square feet. In new construction, no unit may be smaller than one-third the Gross Floor Area
of the largest unit in the building.
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SEC. 209.4. RTO (RESIDENTIAL TRANSIT ORIENTED) DISTRICTS.
* * * *
Table 209.4
ZONING CONTROL TABLE FOR RTO DISTRICTS
Zoning
§ References
RTO
Category
*
*
*
*
RESIDENTIAL STANDARDS AND USES
* * * *
Residential Uses
Residential
Density, Dwelling
Units (7)
* * * *
Supervisors Peskin; Chan
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§207
P if at least ttp-te one
unit per eOO 800
square feet of lot
area (8),. Maximum
density as of right is
one unit per 600
square feet of lot
area. C abme belmu
above, per criteria of
§207(a).1Lll
RTO-M
No density limit. Density
is regulated by the
permitted height and bulk,
and required setbacks,
exposure, and open space
of each parcel, along with
Residential Design
Guidelines.
Page 8
{lll_C per Section 303(cc) if the residential building does not maximize principally
permitted residential density, 11.1hile meeting minimum unit size requirements set forth in
Section 415.6(f)(2), except as set forth in section 303(cc)(1 ). NP if less than minimum density
as set forth in the table. Expansions of existing single-family residential buildings may not
exceed more than 25% of Gross Floor Area over 10 years, or result in a building over 3,000
square feet. In new construction. no unit may be smaller than one-third the Gross Floor Area
of the largest unit in the building.
SECTION 303. CONDITIONAL USES.
(a) General. The Planning Commission shall hear and make determinations regarding
applications for the authorization of Conditional Uses in the specific situations in which such
authorization is provided for elsewhere in this Code. The procedures for Conditional Uses
shall be as specified in this Section 303 and in Sections 306 through 306.6, except that
Planned Unit Developments shall in addition be subject to Section 304, Hospitals and Post-
Secondary Educational Institutions shall in addition be subject to the Institutional Master Plan
requirements of Section 304.5.
* * * *
(cc) Maximizing Density in RM, RC, and RTO Districts.
(1) In order to promote, protect, and maintain the maximum number of
residential units in RM, RC, and RTO Districts, except for RTO M Districts, new construction
or alterations of existing buildings that do not meet the maximum principally permitted
residential density as set forth in Tables 209.2, 209.3, and 209.4, respectively, v.ihile meeting
the minimum unit size requirements set forth in Planning Code Section 415.6(f)(2), shall be
permitted only as a Conditional Use. The maximum principally permitted residential density
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shall not include any additional density permitted under state la•.v or Planning Code sections
206 et seq. Notwithstanding the preceding sentence, a project meeting one of the follmving
exceptions to this Section 303(cc) shall not require a Conditional Use:
(A) The project includes new construction or alteration of an existing
building and meets all of the following conditions:
(i) existing lot conditions or form based restrictions on
development (e.g., height, bulk, rear yard requirements) are such that a proposed project
cannot maximize density without seeking a variance or subdividing existing units on the lot
because it is physically inf.easible to do so; and
(ii) the proposed project •.viii create more units on the subject lot;
(iii) the project does not include any single unit greater than 2,000
square feet in size; and
(iv) the project is not subject to Conditional Use Authorization
under any other provision of the Planning Code.
(B) The project is an expansion of an existing residential building that
'Nould increase the total square footage of the residential building by no more than 25% of the
square footage of the existing residential building, and meets all of the following requirements:
(i) the expansion does not increase the size of any unit that is
already larger than 2,000 square f.eet; and
(ii) the expansion does not create any new unit that is greater than
2,000 square feet; and
(iii) the expansion \Nould not cause an existing unit that is less than
2,000 square feet to be larger than 2,000 square f.eet.
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(C) For a project consisting of an expansion to a building 1.vith two or
more units, no resulting individual unit 1.vould be greater than 3,000 square feet, and no
resulting individual unit would be less than 50% of the size of the largest unit in the building.
(D) For any project consisting of an expansion to an existing building of
600 square feet or less.
(E) For any project where maximizing density would be inconsistent 1.vith
the preservation of a historic resource or would preclude the issuance of a Certificate of
Appropriateness under Article 10 of this Code.
(2) In addition to the findings stated in Section 303(c), the Commission shall
make the follo111ing findings:
(/\) The project proposes the maximum physically feasible density based
on existing lot conditions or form based restrictions on development (e.g. height, bulk, rear
yard requirements); and
(B) The project proposes additional density equal to that of adjacent
buildings; and
(C) Maximizing density is financially or physically infeasible.
Section 4. Effective Date. This ordinance shall become effective 30 days after
enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the
ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board
of Supervisors overrides the Mayor's veto of the ordinance.
Section 5. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors
intends to amend only those words, phrases, paragraphs, subsections, sections, articles,
numbers, punctuation marks, charts, diagrams, or any other constituent parts of the Municipal
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Code that are explicitly shown in this ordinance as additions, deletions, Board amendment
additions, and Board amendment deletions in accordance with the "Note" that appears under
the official title of the ordinance.
APPROVED AS TO FORM:
DAVID CHIU, City Attorney
By:
Isl Audrey Pearson
AUDREY PEARSON
Deputy City Attorney
n:\legana\as2023\2300223\01803203.docx
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City and County of San Francisco
Tails
Ordinance
City Hall
l Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
File Number:
230596
Date Passed: December 17, 2024
Ordinance amending the Planning Code to require minimum residential density, in Residential-Mixed
(RM), Residential Commercial (RC), and Residential Transit Oriented (RTO) Districts except for
Residential-Transit Oriented - Mission (RTO-M) Districts; affirming the Planning Department's
determination under the California Environmental Quality Act; making findings of consistency with the
General Plan and the eight priority policies of Planning Code Section 101.1, and making findings of
public necessity, convenience, and welfare pursuant to Planning Code, Section 302.
September 11, 2023 Land Use and Transportation Committee - CONTINUED TO CALL OF
THE CHAIR
December 02, 2024 Land Use and Transportation Committee - AMENDED, AN AMENDMENT
OF THE WHOLE BEARING NEW TITLE
December 02, 2024 Land Use and Transportation Committee - CONTINUED AS AMENDED
December 09, 2024 Land Use and Transportation Committee - RECOMMENDED AS
COMMITTEE REPORT
December 10, 2024 Board of Supervisors - PASSED, ON FIRST READING
Ayes: 10 - Chan, Dorsey, Engardio, Mandel man, Melgar, Peskin, Preston, Ronen,
Safai and Walton
December 17, 2024 Board of Supervisors - Fl NALLY PASSED
City and County of San Francisco
Ayes: 9 - Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai
and Walton
Excused: 1 - Chan
Pagel
Printed at 9:II amon 12/18/24
File No. 230596
London N. Breed
Mayor
City and Coullty of San Francisco
Page2
I hereby certify that the foregoing
Ordinance was Fl NALLY PASSED on
12/17/2024 by the Board of Supervisors of
the City and County of San Francisco.
Angela Calvillo
Clerk of the Board
Date Approved
Printed at 9: 11 am on 12/18/24
